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Patna High CourtCWJC/14737/2019disposed

Ravindra Singh v. The State Of Bihar

2020-01-10The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14737 of 2019 ====================================================== Ravindra Singh Son of Ishwari Singh R/o Village Belsara, P.S.- Daudpur, District- Saran (Chapra).

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Excise Department, Bihar, Patna.

2.

The Director General of Police Bihar, Patna.

3.

The District Magistrate cum Collector Saran at Chapra. 4.

The Senior Superintendent of Police Saran at Chapra. 5.

The Station Head Officer Manghi Police Station, Saran Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Respondent/s :

Mr.Vivek Prasad (Gp7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 10-01-2020 Heard learned counsel for the petitioner and learned counsel for the Respondents.

This is an application for release of Renault Kwid car bearing registration No. BR06BU7103, belonging to the petitioner which has been seized in connection with Manjhi P.S. Case No. 147 of 2019 instituted under sections 30 (A), 30 (g) 38(i) (ii) of the Bihar Excise Prohibition Act. For the reasons explained, we modify our order dated 17.12.2019 clarifying that no cost in terms thereof be deposited. It has come on record that Confiscation Case No.

Patna High Court CWJC No.14737 of 2019(4) dt.10-01-2020 2/2 1105 of 2019 already stands concluded.

As such, in our considered view, no other and further order can be passed in the present petition, save and except which is being passed hereinunder, on mutually agreeable terms:-

(1) The petitioner shall file an appeal on or before 07.02.2020.

(2) If the appeal is filed within the aforesaid period, the issue of limitation shall not be raised by the State.

(3) The parties undertake to join and fully cooperate in the said proceedings.

(4) It is expected of the authority concerned to decide the said appeal expeditiously and preferably within a period of three months.

(5) All issues left open.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U